Chapter II
CIVIL JUDGMENT-EXECUTING BODIES AND EXECUTORS
Section 1. CIVIL JUDGMENT-EXECUTING BODIES
Article 11.- Civil judgment-executing bodies
The civil judgment-executing bodies shall include:
1. The civil judgment-executing bodies of the provinces or centrally-run cities (hereinafter referred collectively to as the provincial-level judgment-executing bodies);
2. The civil judgment-executing bodies of rural districts, urban districts, provincial capitals or towns (hereinafter called collectively to as the district-level judgment-executing bodies);
3. The judgment-executing bodies of military zones or the equivalent level (hereinafter referred collectively to as the military zone-level judgment-executing bodies).
The organization, tasks and specific powers of the judgment-executing bodies shall be prescribed by the Government.
Section 2. EXECUTORS, HEADS OF JUDGMENT-EXECUTING BODIES
Article 12.- Executors
1. Executors are the persons tasked by the State to execute the civil judgments and decisions prescribed in Article 2 of this Ordinance.
Executors are appointed for five-year term.
2. When performing their tasks and exercising their powers, the executors must abide by law and take responsibility before law for the judgment execution.
3. Executors are provided with uniforms, insignia, executor's cards for use when performing their duties and enjoy salaries according to ranks and grades prescribed by the Government.
Article 13.- Criteria and appointment, relief from duties and demotion of executors
1. Vietnamese citizens who are loyal to the Fatherland, honest, non-corruptible, possess good ethics, law bachelor or higher degree, have been trained in judgment execution operations, have been engaged in legal work for a duration prescribed in this Article, and have good health to fulfill their assigned tasks can be selected and appointed to be executors.
2. Persons who fully satisfy the criteria prescribed in Clause 1 of this Article, have been engaged in legal work for four years or more, and have capability to perform jobs falling under the competence of the district-level judgment-executing bodies can be selected and appointed to be executors of district-level judgment-executing bodies.
3. Persons who fully satisfy the criteria prescribed in Clause 1 of this Article and have worked as executors of the district-level judgment-executing bodies for five years or more, have capability to perform jobs falling under the jurisdiction of the provincial-level judgment -executing bodies can be selected and appointed to be executors of provincial-level judgment-executing bodies.
Where it is due to the judgment-executing bodies' personnel demands, the persons who fully satisfy the criteria prescribed in Clause 1 of this Article and have been engaged in legal work for ten years or more, have the capability to perform jobs which fall under the jurisdiction of the provincial-level judgment-executing bodies can be selected and appointed to be executors of the provincial-level judgment-executing bodies.
4. The persons who fully satisfy the criteria prescribed in Clause 1 of this Article, are army offices in active service, have been engaged in legal work for ten years or more, have the capability to perform jobs which fall under the jurisdiction of the military zone-level judgment-executing bodies can be selected and appointed to be executors of the military zone-level judgment-executing bodies.
5. The appointment, relief from duty and dismissal of executors shall be decided by the Justice Minister at the proposals of the Executor Selection Council.
The Government shall prescribe the composition of the Executor Selection Council, the conditions and procedures for appointment, relief from duty and dismissal of executors of judgment-executing bodies.
Article 14.- Tasks and powers of executors
The executors shall have the following tasks and powers:
1. To strictly execute the contents of court judgments or decisions; to correctly apply law provisions on the judgment execution order and procedures, ensuring the interests of the State, the legitimate rights and interests of the involved parties;
2. To summon the involved parties, persons related to the judgment execution to the offices of the judgment-executing bodies or the People's Committees of communes, wards or townships where judgments are to be executed for judgment execution; to explain and persuade the involved parties to voluntarily execute the judgments;
3. To set time limits for the judgment debtors to voluntarily execute the judgments as provided for in Clause 3, Article 6 of this Ordinance;
4. To verify the properties and judgment execution conditions of the judgment debtors; to request the concerned agencies, organizations and individuals to supply documents for verification of the addresses and properties of the judgment debtors or coordinate with the concerned agencies in handling material evidences, properties and other matters related to the judgment execution;
5. To decide on the application of coercive judgment execution measures prescribed in this Ordinance in order to ensure the judgment execution;
6. To make records on acts of law violation in judgment execution; to decide on administrative sanctions according to competence or propose the heads of the judgment-executing bodies of the same level to request the competent State bodies to discipline, administratively sanction or penal-liability examine the violators;
7. To perform other tasks assigned by heads of judgment executing bodies.
Article 15.- Heads of judgment-executing bodies
1. The heads of judgment-executing bodies shall be appointed among the executors.
2. The executors of the provincial-level or district-level judgment-executing bodies, who have capability to manage and administer affairs of the district-level judgment-executing bodies can be considered for appointment to be heads of the district-level judgment-executing bodies.
3. The executors of the provincial-level judgment-executing bodies or heads of district-level judgment-executing bodies, who have capability to manage and administer affairs of the provincial-level judgment-executing bodies can be considered for appointment to be heads of provincial-level judgment-executing bodies.
4. The appointment, relief from duties and dismissal of heads of provincial-level or district-level judgment-executing bodies shall be decided by the Minister of Justice.
5. The criteria, appointment, relief from duties and dismissal of heads of military zone-level judgment-executing bodies shall be prescribed by the Minister of Defense.
The Government shall prescribe the procedures for appointment, relief from duties and dismissal of heads of judgment-executing bodies.
Article 16.- Tasks and powers of the heads of judgment-executing bodies
The heads of judgment-executing bodies shall have the following tasks and powers:
1. To issue decisions on judgment execution;
2. To assign executors to perform the judgment execution;
3. To professionally guide, direct and examine the judgment execution by executors or subordinate judgment-executing bodies under the provisions of law;
4. To request agencies, organizations, people's armed force units to coordinate in organizing the judgment execution;
5. To request the courts which have handed down the judgments or decisions to explain in writing unclear points in such judgments or decisions for execution;
6. To propose the persons competent to consider protests according to cassation or reopening procedures against legally valid judgments or decisions if having grounds showing law violations in the settlement of cases or detecting new circumstances;
7. To settle complaints and denunciations against judgment execution and reply protests against judgment execution according to competence;
8. To administratively sanction according to competence; to propose competent State bodies to discipline, administratively sanction or penal-liability examine the violators;
9. To report on the work of judgment execution before the superior judgment-executing bodies and the People's Committees of the same level. The reporting on the work of judgment-executing by the heads of military zone-level judgment-executing bodies shall be stipulated by the Minister of Defense.
Deputy-heads of the judgment-executing bodies shall assist their heads, performing tasks and exercising powers as assigned or authorized by the latter.
Article 17.- Uniform of State officials performing the work of judgment execution
State officials performing the work of civil-judgment execution shall be supplied with uniforms as provided for by the Government.
Tìm kiếm
Pháp lệnh Thi hành án dân sự năm 2004 (Bản Word)